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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable because the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case committed by the Defendant is very poor in the method and content of violence used by the Defendant. The crime of this case is deemed to be committed by a small-scale disease, which is a dangerous object on the tables, knife the part of the victim’s chest, knife the part of the victim’s head, and thereby causing bodily injury, such as heat, etc., to the victim.
In addition, the defendant can be punished for the same crime.
Considering these circumstances, it is inevitable to punish the defendant with severe penalty equivalent to his responsibility.
However, for the first time, the defendant recognized the crime of this case and deposited 1.3 million won to recover the damage of the victim.
In full view of the circumstances unfavorable or favorable to such defendant and various sentencing conditions, such as the age, sex, environment, family relationship, motive and consequence of the crime, there is a need to reduce the sentence of the court below against the defendant, and there is a need to reduce the sentence.
The decision is judged.
Therefore, the defendant's argument of sentencing is justified.
3. Thus, the defendant's appeal is justified and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as stated in the corresponding column of the judgment of the court below, except for the addition of “1.1 Defendant’s oral statement” to the column for the evidence of the court below, and thus, the summary of the facts charged and the relevant evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act, Articles 258-2 and 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);